Before buying a new build, separate the developer’s promises from the records and contract conditions that support them. Ask an independent lawyer and suitably qualified technical adviser to examine the particular project. The primary sources below were checked on 3 October 2026.
How do I check a developer?
The Registrar’s business-register guide explains searches by company name or registration number. Basic information is free and includes registration date, status, registered office, current directors and secretary, and document-filing previews.
The Registrar advertises a €10 detailed electronic-file search, covering filed historical information such as directors, members, share capital and charges/mortgages registered after 2000. A company record is evidence of filed information, not a guarantee that the developer is solvent, experienced or capable of completing your project.
Ask who owns the land, who signs the sale contract and who will carry out the construction. Examine completed projects and request the documents supporting the delivery plan. Treat company age, capital and changes in officers as questions to investigate rather than automatic proof of fraud or safety.
What should I check on the property?
The DLS pre-purchase brochure recommends checking the registered owner, the title and search information, encumbrances or prohibitions, and the relevant planning/building documents. For a new unit, establish whether a separate title exists and what is needed to obtain it.
DLS explains that a building under construction cannot yet have its registration certificate: registration requires the supervising engineer’s completion certificate and the competent building authority’s certificate. Ask the professionals to compare approved plans, construction and completion documentation. A promised delivery date and a separate-title timetable are distinct questions.
For completion, quality and defects, request a written specification, a professionally documented inspection and an itemised snag list. Keep dated photographs, correspondence and the agreed response to each defect. Avoid signing an acceptance or varying payments without understanding the contractual effect.
What does a title deed establish?
DLS describes three purchase routes: immediate transfer of a registration certificate, purchase through a sale contract, or purchase from an existing buyer through assignment of the sale contract. Depositing a contract is distinct from becoming the registered owner.
A missing separate title does not establish that resale or financing is always impossible. Contract assignments have statutory conditions; Law 81(I)/2011 also provides for assignments as security. Ask a lawyer and any lender to assess the documents and available route rather than treating a contract interest as identical to registered ownership.
What protections does contract deposit provide?
Under section 3 of Law 81(I)/2011, a qualifying sale contract is ordinarily deposited at the District Lands Office where the property is located within six months of signing, with specified exceptions and requirements. The contract must be written and contain the statutory party, property, consideration and signature information. Ask your lawyer to confirm the applicable deadline and deposit conditions.
Section 4(1A) requires the seller to include an integral property-search certificate dated within five working days of signing for contracts concluded after the 2023 amendment took effect. Review the current search, not just a historic brochure or marketing assurance.
Under section 5, accepted deposit creates an encumbrance with statutory priority from deposit, subject to the law’s conditions. It does not automatically cancel all earlier mortgages or ensure the building will be completed. Where existing mortgages or deposited contracts are involved, section 3A and the relevant declarations and payment arrangements need specific legal review.
DLS’s contract-deposit procedure lists a €50 deposit fee. This administrative charge is distinct from your lawyer’s professional fees.
What should the agreement cover?
Ask your lawyer to address the completion and handover dates, payment milestones, agreed plans and specifications, defects, permitted variations, title-transfer obligations and remedies for breach. Do not assume that a penalty clause is enforceable merely because it appears in a draft.
DLS’s brochure advises buyers not to pay the full purchase price before title transfer. Coordinate payment protections and any lender drawdowns with the actual project and contract; a generic staged-payment schedule is not a substitute for that review.
For an existing title-transfer problem, request the relevant DLS file status and identify which document, encumbrance or approval is preventing progress. Law 9/1965, Part VIB contains conditional buyer-transfer procedures. Do not assume every buyer who paid in full automatically qualifies for a particular statutory route or can have an earlier mortgage removed.
Where can I complain?
| Route and primary source | Verified scope |
|---|---|
| ETEK disciplinary FAQ | Complaints concern professional conduct by individual ETEK members; the disciplinary board cannot award compensation or corrective remedies |
| Consumer Protection complaint topics | The service provides a topic-based complaint process, including unfair commercial practices; check whether your circumstances fall within the applicable consumer rules |
| DLS and the competent permitting authority | Request property-registration and permit information relevant to the specific project; ask which authority handles the issue identified |
| Independent legal advice | Assess the contract, evidence, applicable court or other procedure, deadlines and available remedies |
ETEK says anyone may complain, but the respondent must be an individual member. Its published complaint fee is €50, returned if the board finds that member guilty of the complained-of offences. The board deals with professional ethics; its FAQ says workmanship and financial disputes usually fall outside that disciplinary scope. Do not confuse discipline with compensation or the chamber’s separate expert-report and arbitration services.
The Consumer Protection complaint entry point asks whether the purchase was from a trader acting in business. It is not evidence that every private property dispute qualifies for the same process or remedy.
What if I already have a dispute?
Collect the signed agreement and variations, payment records, permits, professional reports, photographs and written promises. Record the delay or defect precisely and ask for a written response. Obtain advice before withholding payments, accepting handover, cancelling or starting proceedings.
Request an itemised legal quotation covering document review, negotiations, court work and third-party costs. The source material used here does not establish a universal court duration, success rate or professional-fee range.